Jump to content

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Poland
Timeline
Posted

My husband got a very good international job offer that would require him to live overseas in Europe it is a 3-4 year post with the possibility of extending past that.

How does it work for me in terms of loosing my rights to come back to the US if I go with him etc?

We are married and got married in the US.

I entered on a K1 visa

I have a social security # and m now just waiting for my green card which hasn't come after 180 days.

I heard about something like reentry permit or something like that were I can't work and if I do I will loose my green card.

I don't want to loose my green card is the only way for this to happen is for us to stay in the US until I become a citizen.

What would happen if I loose the card and move with him, would I have to do the same thing all over again? Or would I never be able to live in the US again and only apply for tourist visa?

Thanks in advance for your help.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

My husband got a very good international job offer that would require him to live overseas in Europe it is a 3-4 year post with the possibility of extending past that.

1. How does it work for me in terms of loosing my rights to come back to the US if I go with him etc?

We are married and got married in the US.

I entered on a K1 visa

I have a social security # and m now just waiting for my green card which hasn't come after 180 days.

2. I heard about something like reentry permit or something like that were I can't work and if I do I will loose my green card.

3. I don't want to loose my green card is the only way for this to happen is for us to stay in the US until I become a citizen.

4. What would happen if I loose the card and move with him, would I have to do the same thing all over again? Or would I never be able to live in the US again and only apply for tourist visa?

Thanks in advance for your help.

1. Depends on whether you maintain your status. You would need to file for a re-entry permit but you're only "allowed" out for 2 years max and you'll still need to maintain ties to the US (file taxes etc). Your time overseas won't count towards applying for USC

2. Re-entry permit yet. Not work?.. no. But by working overseas they MAY determine that you've moved overseas and thus abandoned your GC

3. ... If that is your choice.

4. No. You would file for an IR-1 visa (spousal) but you would file while he's still overseas in the embassy overseas and it'll be quicker because you'll get quicker processing with him overseas with you. You'll enter on the IR-1 visa and get your GC stamp in your passport.

---

By giving up your GC you will need a visa to visit the US which might be hard to get being the spouse of a USC. You won't be trapped out of the US forever, you'll probably just not be able to visit until you file for the GC again.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted (edited)

*** Moving from K1 to Travelling during US immigration ***

I would say go for the re-entry permit first- you have good reason for one, and it gives you two years to decide what to do, in case the job is shorter than expected.

Edited by Penguin_ie

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

But you can't get a re-entry permit until you're a permanent resident, which apparently you are not yet - you're still in the process of adjusting status. Tricky situation. It might be that you just have to bite the bullet and leave, abandoning your application to adjust status, and get an IR-1 when you want to come back. Bit of a pain in the ####.

Do you at least have your EAD + AP?

Spouse-based AOS from out-of-status H-1B, May - Aug 2012

Removal of conditions, Aug - Nov 2014

Filed: Other Timeline
Posted

Be realistic.

You'll receive your Green Card and the next morning you are on a plane out of the United States for a very long time. That's really not the idea of permanent residency. You also could not remain in the U.S. while your lawfully wedded husband lives in Europe. None of this works. You really may have to start over when the time comes to move back to the United States. If you are still married by then, your husband can file a new I-130 for you about 1 year before the big move, and you'd get a new Green Card then.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...